What happens when you make a property damage claim through your own insurance policy and someone else is later found to be at fault? The good news is that you will be paid back. The bad news is that it can take a while.
Your insurance company is entitled to reimbursement for any amounts that they paid from the at fault party. The process by which this reimbursement happens is called subrogation. This often takes place outside the scope of your attorney’s representation. It often occurs through an arbitration process between the insurance companies.
It can take a considerable amount of time before your insurance company is paid even if fault is admitted and the amount of damages are not in dispute. Whenever your insurance company is finally paid, they will reimburse you for the deductible that you paid. While each case is different, many times this happens after we have settled the client’s bodily injury case. It can take approximately 6-8 months (or perhaps even longer) after the accident occurred before you get your deductible back.